1-1 By: Stiles, Price (Senate Sponsor - Galloway) H.B. No. 2313
1-2 (In the Senate - Received from the House April 12, 1995;
1-3 April 18, 1995, read first time and referred to Committee on
1-4 Education; May 12, 1995, reported adversely, with favorable
1-5 Committee Substitute; May 15, 1995, recommitted to Committee on
1-6 Education; May 17, 1995, reported adversely, with favorable
1-7 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-8 May 17, 1995, sent to printer.)
1-9 COMMITTEE SUBSTITUTE FOR H.B. No. 2313 By: Haywood
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to abolition of the Lamar University System and the
1-13 transfer of the institutions in that system to the Texas State
1-14 University System, and to the actions and functions of the board of
1-15 regents of the Texas State University System.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. ABOLITION OF BOARD AND SYSTEM. The Lamar
1-18 University System and the board of regents of the Lamar University
1-19 System are abolished.
1-20 SECTION 2. TRANSFER OF INSTITUTIONS. (a) The governance,
1-21 operation, management, and control of Lamar University and its
1-22 educational centers, including Lamar University at Orange, Lamar
1-23 University at Port Arthur, and Lamar University Institute of
1-24 Technology, along with all right, title, and interest in the land,
1-25 buildings, facilities, improvements, equipment, supplies, and
1-26 property comprising those institutions are transferred from the
1-27 board of regents of the Lamar University System to the board of
1-28 regents of the Texas State University System.
1-29 (b) Rules and policies adopted by the board of regents of
1-30 the Lamar University System to govern the component institutions of
1-31 that system that are in effect when the transfer takes effect are
1-32 continued in effect until adopted, repealed, or superseded by the
1-33 board of regents of the Texas State University System. The board
1-34 of regents of the Texas State University System may adopt rules and
1-35 policies applicable to the component institutions of the Lamar
1-36 University System in anticipation of the transfer authorized by
1-37 this Act.
1-38 SECTION 3. POWERS AND DUTIES. The board of regents of the
1-39 Texas State University System shall undertake to govern, operate,
1-40 manage, and control Lamar University and its educational centers,
1-41 including Lamar University at Orange, Lamar University at Port
1-42 Arthur, and Lamar University Institute of Technology, and all land,
1-43 buildings, facilities, improvements, equipment, supplies, and
1-44 property comprising that institution pursuant to the powers,
1-45 duties, and responsibilities that are or may be conferred by law
1-46 upon the board of regents of the Texas State University System for
1-47 the governance, operation, management, and control of component
1-48 institutions comprising that system.
1-49 SECTION 4. APPROPRIATIONS. Appropriations made by the
1-50 legislature for the use and benefit of Lamar University and its
1-51 educational centers, including Lamar University at Orange, Lamar
1-52 University at Port Arthur, and Lamar University Institute of
1-53 Technology, under the governance of the board of regents of the
1-54 Lamar University System are transferred to the board of regents of
1-55 the Texas State University System for the use and benefit of that
1-56 institution. Other funds held for the use and benefit of Lamar
1-57 University and its educational centers, including Lamar University
1-58 at Orange, Lamar University at Port Arthur, and Lamar University
1-59 Institute of Technology, shall continue to be available for the use
1-60 and benefit of those institutions notwithstanding the change in
1-61 governance made by this Act.
1-62 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
1-63 written obligations of every kind and character, including bonds,
1-64 entered into by the board of regents of the Lamar University System
1-65 for and on behalf of Lamar University and its educational centers,
1-66 including Lamar University at Orange, Lamar University at Port
1-67 Arthur, and Lamar University Institute of Technology, are ratified,
1-68 confirmed, and validated. In those contracts and written
2-1 obligations, including bonds, the board of regents of the Texas
2-2 State University System is substituted for and stands and acts in
2-3 the place of the board of regents of the Lamar University System.
2-4 SECTION 6. EFFECT OF TRANSFER. (a) The transfer of
2-5 governance, operation, management, and control of Lamar University
2-6 and its educational centers, including Lamar University at Orange,
2-7 Lamar University at Port Arthur, and Lamar University Institute of
2-8 Technology, from the board of regents of the Lamar University
2-9 System to the board of regents of the Texas State University System
2-10 does not affect:
2-11 (1) the credit hours earned by students at those
2-12 institutions before the effective date of this Act; or
2-13 (2) the employment status on the effective date of
2-14 this Act of the administrative, faculty, or support staff of those
2-15 institutions.
2-16 (b) This section does not limit the authority of the board
2-17 of regents of the Texas State University System to evaluate or
2-18 reassign staff or to take any other personnel action relating to
2-19 the staff of those institutions as the board determines in the best
2-20 interest of the university.
2-21 SECTION 7. AMENDMENT. Chapter 96, Education Code, is
2-22 amended by adding Subchapter E to read as follows:
2-23 SUBCHAPTER E. LAMAR UNIVERSITY AND RELATED INSTITUTIONS
2-24 Sec. 96.701. LAMAR UNIVERSITY. Lamar University is a
2-25 coeducational institution of higher education located in the city
2-26 of Beaumont. The university is under the management and control of
2-27 the board of regents, Texas State University System.
2-28 Sec. 96.702. SPINDLETOP MEMORIAL MUSEUM. The board may
2-29 create the Spindletop Memorial Museum at Lamar University and may
2-30 administer the museum as the board considers appropriate.
2-31 Sec. 96.703. LAMAR UNIVERSITY INSTITUTE OF TECHNOLOGY.
2-32 (a) The board shall establish and maintain an educational center
2-33 of Lamar University as a separate degree-granting institution to be
2-34 known as Lamar University Institute of Technology.
2-35 (b) The primary purpose of the institute is to teach
2-36 technical and vocational courses and related supporting courses.
2-37 The board may confer degrees appropriate to the institute's
2-38 curriculum.
2-39 Sec. 96.704. EDUCATIONAL CENTERS AT PORT ARTHUR AND ORANGE.
2-40 (a) The board shall establish and maintain coeducational
2-41 lower-division institutions of higher education as separate
2-42 accredited degree-granting institutions in the counties of
2-43 Jefferson and Orange, to be known as Lamar University at Port
2-44 Arthur and Lamar University at Orange, to teach only freshman- and
2-45 sophomore-level courses.
2-46 (b) The board may acquire, construct, or otherwise make
2-47 provision for adequate physical facilities for use by Lamar
2-48 University at Port Arthur and Lamar University at Orange and may
2-49 accept and administer, on terms and conditions satisfactory to the
2-50 board, grants or gifts of money or property tendered by any reason
2-51 for the use and benefit of the school.
2-52 (c) The board with approval of the Texas Higher Education
2-53 Coordinating Board may prescribe courses leading to customary
2-54 degrees. The board may make other rules and regulations for the
2-55 operation, control, and management of Lamar University at Port
2-56 Arthur and Lamar University at Orange as are necessary for each
2-57 institution to be a first-class institution for freshman and
2-58 sophomore students.
2-59 (d) Nothing in this section shall be construed to limit the
2-60 powers of the board as conferred by law.
2-61 (e) For Lamar University at Port Arthur and Lamar University
2-62 at Orange, the board may expend funds allocated to Lamar University
2-63 under Chapter 62 for any of the purposes listed in Section 17,
2-64 Article VII, Texas Constitution, in the same manner and under the
2-65 same circumstances as expenditures for those purposes for other
2-66 separate degree-granting institutions.
2-67 Sec. 96.705. APPLICATION OF OTHER LAW. All other provisions
2-68 of law, including provisions for student fees, applicable to
2-69 institutions of the Texas State University System apply to Lamar
2-70 University and its educational centers.
3-1 Sec. 96.706. HAZARDOUS WASTE RESEARCH CENTER. (a) The
3-2 Hazardous Waste Research Center is established at Lamar University
3-3 at Beaumont. The center is under the authority of the board of
3-4 regents of the Texas State University System. The center may
3-5 employ such personnel as are necessary.
3-6 (b) The center shall carry out a program of research,
3-7 evaluation, testing, development, and demonstration of alternative
3-8 or innovative technologies that may be used in minimization,
3-9 destruction, or handling of hazardous wastes to achieve better
3-10 protection of human health and the environment.
3-11 (c) The center shall provide coordination of the activities
3-12 of a consortium of Texas universities initially consisting of the
3-13 Texas Engineering Experiment Station of The Texas A&M University
3-14 System, the University of Houston, The University of Texas at
3-15 Austin, and Lamar University at Beaumont, and other entities that
3-16 may become affiliated.
3-17 (d) The center shall develop and maintain a database
3-18 relevant to the programs of the center.
3-19 (e) The programs of the center may include:
3-20 (1) primary and secondary research;
3-21 (2) collection, analysis, and dissemination of
3-22 information;
3-23 (3) the development of public policy recommendations;
3-24 (4) training related to the handling and management of
3-25 hazardous waste;
3-26 (5) evaluation of technologies for the treatment and
3-27 disposal of hazardous wastes;
3-28 (6) demonstration projects and pilot studies of
3-29 processing, storage, and destruction technologies; and
3-30 (7) other services consistent with the purposes of the
3-31 program.
3-32 (f) In carrying out its established programs, the center may
3-33 enter into agreements with:
3-34 (1) the members of the Texas Consortium;
3-35 (2) other universities in Texas, Louisiana,
3-36 Mississippi, Alabama, Florida, and other states;
3-37 (3) private research organizations; and
3-38 (4) industry.
3-39 (g) A policy board is created to determine the policies for
3-40 program research, evaluation, testing, development, demonstration,
3-41 intellectual property rights, and peer review. The policy board
3-42 consists of each member of the consortium. The governing board of
3-43 each institution of higher education belonging to the consortium
3-44 shall appoint an individual to serve as a member of the policy
3-45 board.
3-46 (h) The institutions of higher education that are members of
3-47 the policy board shall appoint an advisory council to develop
3-48 recommendations on the priorities for research and to serve as a
3-49 resource group on the projects. Each institution shall appoint two
3-50 members from private industry and two other members to serve for
3-51 terms to be set by the policy board.
3-52 (i) The center shall seek grant and contract support from
3-53 federal and other sources to the extent possible and accept gifts
3-54 and donations to support its purposes and programs.
3-55 (j) The center may receive state-appropriated funds as
3-56 considered appropriate by the legislature.
3-57 (k) Disbursement of funds received by the center on behalf
3-58 of the consortium shall be on an equitable basis and in accordance
3-59 with policy determined by the policy board subject to laws of the
3-60 state and policies of member institutions. Disbursement policy
3-61 shall recognize the need for core program support at each
3-62 consortium institution, matching requirements for federal grants
3-63 and contracts, general administration, and new initiatives.
3-64 Disbursement of funds received in response to specific proposals
3-65 shall be in accordance with those proposals.
3-66 Sec. 96.707. TEXAS ACADEMY OF LEADERSHIP IN THE HUMANITIES.
3-67 (a) The Texas Academy of Leadership in the Humanities is
3-68 established as a two-year program at Lamar University at Beaumont
3-69 for secondary school students selected under this section. The
3-70 academy is under the management and control of the board of regents
4-1 of the Texas State University System.
4-2 (b) The goals of the academy are to:
4-3 (1) provide gifted and talented secondary school
4-4 students with accelerated academic experiences to ensure success as
4-5 undergraduates with advanced standing;
4-6 (2) encourage those students to develop their full
4-7 leadership potential and their ethical decision-making
4-8 capabilities;
4-9 (3) provide those students with academic and social
4-10 role models and mentors to motivate them to pursue academic
4-11 excellence and self-direction;
4-12 (4) provide a model setting for the training of
4-13 teachers in the educational materials and methods appropriate for
4-14 gifted learners;
4-15 (5) encourage the cooperation of business leaders and
4-16 Lamar University staff to provide practical settings and
4-17 experiences for those students through independent study,
4-18 shadowing, and mentorship;
4-19 (6) establish a setting to support necessary research
4-20 to determine the academy's effectiveness and to disseminate results
4-21 of that research; and
4-22 (7) promote the active involvement of parents in all
4-23 educational programs of the academy.
4-24 (c) To be eligible for admission to the academy, a student
4-25 must:
4-26 (1) complete and file with the board, on a form
4-27 prescribed by the board, an application for admission and a written
4-28 essay on a topic selected by the board;
4-29 (2) have successfully completed 10th grade in school;
4-30 (3) be nominated by a teacher, school administrator,
4-31 parent, community leader, or another secondary school student;
4-32 (4) submit to the board two written recommendations
4-33 from teachers;
4-34 (5) have a composite score on an assessment test that
4-35 is equal to or greater than the equivalent of 1,000 on the
4-36 Scholastic Aptitude Test;
4-37 (6) have a language score on an assessment test that
4-38 is equal to or greater than the equivalent of 550 on the Scholastic
4-39 Aptitude Test; and
4-40 (7) have complied with any other requirements adopted
4-41 by the board under this subchapter.
4-42 (d) The board shall recruit minority secondary school
4-43 students to apply for admission to the academy.
4-44 (e) The board shall select for admission to the academy
4-45 eligible students based on additional testing required by the board
4-46 and on a personal interview by a selection committee appointed by
4-47 the board. If the board selects an eligible student for admission
4-48 to the academy, the board shall send written notice to the student
4-49 and the student's school district.
4-50 (f) The board shall establish a tuition and fee scholarship
4-51 for each student who enrolls in the academy. A student who enrolls
4-52 in the academy is responsible for room, board, and book costs and
4-53 must live in a residence determined by board rule.
4-54 (g) The academy courses are taught by the faculty members of
4-55 Lamar University. The board may employ additional staff for the
4-56 academy.
4-57 (h) The board shall provide each student enrolled in the
4-58 academy with a mentor who is a faculty member at Lamar University
4-59 to assist the student in completing the student's course of study
4-60 in the academy.
4-61 (i) A student of the academy may attend a college course
4-62 offered by Lamar University and receive college credit for that
4-63 course.
4-64 (j) The board may accept gifts and grants from a public or
4-65 private source for the academy.
4-66 SECTION 8. AMENDMENT. Section 54.523, Education Code, is
4-67 amended by amending Subsections (a) and (c) and adding new
4-68 Subsection (e) to read as follows:
4-69 (a) To the extent approved by the students under Subsection
4-70 (b) of this section, the board of regents of the Texas State
5-1 University System may charge each student enrolled in a university
5-2 or educational center under its authority a student center fee not
5-3 to exceed $70 per semester or $35 per six-week summer term to be
5-4 used to construct, operate, maintain, improve, and program a
5-5 student center at the university or educational center at which the
5-6 student is enrolled.
5-7 (c) The chief fiscal officer of each university operating a
5-8 student center, either on its central campus or at an educational
5-9 center of the university, shall collect the student center fee and
5-10 shall deposit the money received into an account known as the
5-11 student center account.
5-12 (e) The board may charge a student center fee under this
5-13 section at Lamar University or an educational center of Lamar
5-14 University in the amount charged at the appropriate institution in
5-15 the 1994-1995 academic year under former Section 54.517 or 108.361
5-16 as approved by a majority of the students of the institution voting
5-17 in an election called for that purpose, as if the fee had been
5-18 approved by a majority vote of the students under this section.
5-19 Revenue from the fee charged under this section at an educational
5-20 center of Lamar University may be used to pay the principal of and
5-21 interest on revenue bonds issued under former Section 108.361 for
5-22 the purpose of constructing a student center at the educational
5-23 center.
5-24 SECTION 9. AMENDMENT. Section 62.021, Education Code, is
5-25 amended by adding Subsection (e) to read as follows:
5-26 (e) The amount allocated by Subsection (a) to Lamar
5-27 University and its educational centers is considered part of the
5-28 amount allocated by Subsection (a) to the Texas State University
5-29 System administration and its component institutions, to be spent
5-30 as provided by Subsection (b) in the sole discretion of the
5-31 governing board of the Texas State University System for the system
5-32 and its institutions.
5-33 SECTION 10. AMENDMENT. Section 12.1105(e), Parks and
5-34 Wildlife Code, is amended to read as follows:
5-35 (e) The Parks and Wildlife Department, when requested by
5-36 authorized representatives of units of The University of Texas
5-37 System, The Texas A&M University System, the Texas A&I University
5-38 System, Pan American University, and the Texas State <Lamar>
5-39 University System<, and Southwest Texas State University,> engaged
5-40 in teaching and research related to marine science and
5-41 oceanography, may transfer to such units of said universities and
5-42 university systems nets, seines, and other marine equipment, which
5-43 have been seized under this section, to be used in carrying out the
5-44 teaching and research programs within said institutions.
5-45 SECTION 11. VALIDATION. (a) All proceedings of the board
5-46 of regents of the Lamar University System authorizing the issuance
5-47 of bonds, notes, or other evidences of indebtedness entered into
5-48 by, or on behalf of, the board of regents of the Lamar University
5-49 System prior to the effective date of this Act are hereby
5-50 validated, confirmed, and ratified, to the extent and in the manner
5-51 set forth in the proceedings of the board of regents of the Lamar
5-52 University System. The board of regents, Texas State University
5-53 System, is hereby authorized to fix, collect, pledge, and apply
5-54 rentals, rates, charges, and/or fees from students and others
5-55 attending the institutions of the Lamar University System to the
5-56 same extent, with the same effect, and in the same manner as said
5-57 board of regents fixes, collects, pledges, and applies rentals,
5-58 rates, charges, and/or fees from students attending other Texas
5-59 State University System components, any other provision of law
5-60 notwithstanding.
5-61 (b) The board of regents, Texas State University System,
5-62 shall assume all of the rights, duties, and obligations of the
5-63 board of regents of the Lamar University System with respect to all
5-64 outstanding bonds, notes, and other evidences of indebtedness, as
5-65 of the effective date of this Act. Any actions taken by the board
5-66 of regents, Texas State University System, its members, officers,
5-67 or employees with respect to the transition and merger of the Lamar
5-68 University System into the Texas State University System shall be
5-69 presumed as a matter of law to have been taken within the board's,
5-70 member's, officer's, or employee's official capacity, in good
6-1 faith, and within the exercise of discretionary governmental
6-2 authority. To the limited extent of actions taken under this Act,
6-3 the sovereign immunity of the state is affirmed; and the board of
6-4 regents, Texas State University System, its members, officers,
6-5 employees, and institutions shall be immune from legal action
6-6 relating to actions taken with respect to the transition and merger
6-7 of the Lamar University System, any other provision of the law
6-8 notwithstanding.
6-9 (c) The provisions of this section shall not be construed as
6-10 validating any actions or proceedings or bonds, notes, evidences of
6-11 indebtedness, contracts, or agreements that are involved in
6-12 litigation questioning the validity thereof on the effective date
6-13 of this Act if such litigation is ultimately determined against the
6-14 validity thereof.
6-15 SECTION 12. REPEALER. The following provisions of the
6-16 Education Code are repealed:
6-17 (1) Section 54.517;
6-18 (2) Chapter 108; and
6-19 (3) Section 54.523(e), as that section exists
6-20 immediately before this Act takes effect.
6-21 SECTION 13. EMERGENCY. The importance of this legislation
6-22 and the crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended,
6-26 and that this Act take effect and be in force from and after its
6-27 passage, and it is so enacted.
6-28 * * * * *